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Table of Contents

Policy 400.52 – Voluntary Employment Separation

POLICY NUMBER:
400.52

ADOPTED: 
9.18.2012

Board Policy

  1. The Board of Education recognizes the need for consistent attendance by dependable personnel to provide a quality education for students and to keep the District operating effectively. Employees, as described herein, refer to all contract instructional staff (licensed), support staff/education support professional (ESP), and administrative employees of Canyons School District.
  2. The Board delegates to the Superintendent and District Administration to establish administrative regulations consistent with this policy.

ADMINISTRATIVE REGULATION:
400.52-1

APPROVED: 
9.18.2012

Abandonment - 400.52-1

  1. Employees who are absent from work for three (3) consecutive working days and are capable of providing proper notification to their supervisor, but do not, shall be considered to have abandoned their employment.
  2. The immediate supervisor shall notify the Director of Human Resources of the abandonment of employment and recommend that the employee be notified that the District has determined that the employee has abandoned his/her position and in doing so has voluntarily resigned his/her employment with the District. The employee shall be notified of the abandonment voluntary resignation in writing by the Director of Human Resources.
  3. The employee may request a meeting with the Director of Human Resources, to discuss extenuating circumstances causing the abandonment, within five (5) working days of the notice of abandonment of employment and voluntary resignation being mailed to the employee’s last known address.
  4. Upon reviewing the extenuating circumstances with the employee, the Director of Human Resources may determine that the employee’s circumstances warrant rescinding the abandonment voluntary resignation. However, the Director shall not be required to prove that the employee intended to abandon his/her employment in order to determine not to rescind the voluntary resignation
  5. Legal Counsel or designee shall review the Director of Human Resources’ determination. Legal Counsel or designee may, at his/her discretion, request an additional meeting with the employee or additional information prior to deciding whether to uphold or reverse the Director of Human Resources’ determination.
  6. Employees who abandon their position have voluntarily resigned their employment and such resignation is not subject to the District’s Orderly Termination Procedures policy.

ADMINISTRATIVE REGULATION:
400.52-2

APPROVED: 
9.18.2012

Non-Paid Personal Leave Days Exceeded - 400.52-2

  1. An employee who exceeds the number of non-paid personal leave days allowable under District policy shall be deemed to have abandoned his/her position and in so doing voluntarily resigned his/her employment with the District.
  2. The immediate supervisor shall provide written notification to the employee that they are approaching the maximum number of non-paid personal leave days allowable by policy and by exceeding the number of non-paid personal leave days shall be deemed to have abandoned his/her position and in so doing will have voluntarily resigned his/her employment with the District. If the employee’s circumstances do not allow for written notification, the immediate supervisor shall provide verbal notification, and document the conversation.
  3. The immediate supervisor shall notify the Director of Human Resources of the employee exceeding the allowable non-paid personal leave days and recommend that the employee be notified that the District has determined that the employee has exceeded the number of non-paid personal leave days allowable under District policy and in doing so has voluntarily resigned his/her employment with the District. The employee shall be notified of the abandonment voluntary resignation in writing by the Director of Human Resources.
  4. The employee may request a meeting with the Director of Human Resources, to discuss extenuating circumstances causing the abandonment, within five (5) working days of the notice of abandonment of employment and voluntary resignation being mailed to the employee’s last known address.
  5. Upon reviewing the extenuating circumstances with the employee, the Director of Human Resources may determine that the employee’s circumstances warrant rescinding the abandonment voluntary resignation. However, the Director shall not be required to prove that the employee intended to abandon his/her employment in order to determine not to rescind the voluntary resignation.
  6. Legal Counsel or designee shall review the Director of Human Resources’ determination. Legal Counsel or designee may, at his/her discretion, request an additional meeting with the employee or additional information prior to deciding whether to uphold or reverse the Director of Human Resources’ determination.
  7. Employees who abandon their position have voluntarily resigned their employment and such resignation is not subject to the District’s Orderly Termination Procedures policy.

ADMINISTRATIVE REGULATION:
400.52-3

APPROVED: 
9.18.2012

Non-Paid Personal Leave Days Request Denial, or failure to request Non-Paid Personal Leave Days, and Absented Self - 400.52-3

  1. An employee whose request for non-paid personal leave days is denied, or who knowingly fails to request non-paid personal leave, and who subsequently chooses to absent himself/herself from his/her employment shall be deemed to have abandoned his/her position and in so doing voluntarily resigned his/her employment with the District.
  2. The immediate supervisor, Director of Human Resources, or designee shall provide written notification to the employee if his/her request for non-paid personal leave has been denied and reiterate that if the employee chooses to absent himself/herself from his/her employment it will be deemed that the employee has abandoned his/her position and by so doing has voluntarily resigned his/her employment. If the employee’s circumstances do not allow for written notification, verbal notification shall suffice, but such verbal notification shall be documented.
  3. The immediate supervisor shall notify the Director of Human Resources of the employee choosing to absent himself/herself from his/her employment after their request for non-paid personal leave days was denied, or failed to request non-paid personal leave days, and recommend that the employee be notified that the District has determined that the employee’s actions signify that he/she has voluntarily resigned his/her employment with the District. The employee shall be informed of the action in writing by the Director of Human Resources.
  4. The employee may request a meeting with the Director of Human Resources, to discuss extenuating circumstances causing the abandonment, within five (5) working days of the notice of abandonment of employment and voluntary resignation being mailed to the employee’s last known address.
  5. Upon reviewing the extenuating circumstances with the employee, the Director of Human Resources may determine that the employee’s circumstances warrant rescinding the abandonment voluntary resignation. However, the Director shall not be required to prove that the employee intended to abandon his/her employment in order to determine not to rescind the voluntary resignation.
  6. Legal Counsel or designee shall review the Director of Human Resources’ determination. Legal Counsel or designee may, at his/her discretion, request an additional meeting with the employee or additional information prior to deciding whether to uphold or reverse the Director of Human Resources’ determination.
  7. Employees who abandon their position have voluntarily resigned their employment and such resignation is not subject to the District’s Orderly Termination Procedures policy.

ADMINISTRATIVE REGULATION:
400.52-4

APPROVED: 
9.18.2012

Excessive Absences - 400.52-4

  1. An employee who has absented him/herself for more than 120 work days or 180 calendar days within a rolling calendar year, whichever is less, shall be deemed to have abandoned their position and in so doing voluntarily resigned his/her employment with the District.
  2. The Human Resources Department shall notify the employee that they are approaching the maximum number of days of absences allowable by policy and by exceeding the maximum number of allowable days of absences, the employee shall be deemed to have abandoned his/her position and by so doing has voluntarily resigned his/her employment.
  3. The immediate supervisor shall notify the Director of Human Resources of the employee’s excessive absences and recommend that the employee be notified that the District has determined that the employee has voluntarily resigned his/her employment with the District. The employee shall be informed of the action in writing by the Director of Human Resources.
  4. The employee may request a meeting with the Director of Human Resources, to discuss extenuating circumstances, such as workers compensation, causing the abandonment, within five (5) working days of the notice of abandonment of employment and voluntary resignation being mailed to the employee’s last known address.
  5. Upon reviewing the extenuating circumstances with the employee, the Director of Human Resources may determine that the employee’s circumstances warrant rescinding the abandonment voluntary resignation. However, the Director shall not be required to prove that the employee intended to abandon his/her employment in order to determine not to rescind the voluntary resignation.
  6. Legal Counsel or designee shall review the Director of Human Resources’ determination. Legal Counsel or designee may, at his/her discretion, request an additional meeting with the employee or additional information prior to deciding whether to uphold or reverse the Director of Human Resources’ determination.
  7. Employees who abandon their position have voluntarily resigned their employment and such resignation is not subject to the District’s Orderly Termination Procedures policy.

ADMINISTRATIVE REGULATION:
400.52-5

APPROVED: 
9.18.2012

Medical Separation - 400.52-5

  1. Employees with serious health conditions who have been unable to work for more than 180 calendar days within a rolling calendar year, and have not returned to work for more than the days allowed by the District’s Long-Term Disability carrier, shall be deemed to be medically separated and to have abandoned their position and in so doing voluntarily resigned his/her employment with the District.
  2. The Human Resources Department shall notify the employee that they are approaching the maximum number of days of absences allowable by policy and by exceeding the maximum number of allowable days of absences, the employee shall be deemed to have abandoned his/her position and by so doing has voluntarily resigned his/her employment.
  3. The immediate supervisor shall notify the Director of Human Resources of the employee with the serious health condition who has been unable to work for more than 180 calendar days within a rolling calendar year, and has not returned to work for more than the days allowed by the District’s Long-Term Disability carrier, and recommend that the employee be notified that the employee has been medically separated and has voluntarily resigned his/her employment with the District. The employee shall be informed of the action in writing by the Director of Human Resources.
  4. The employee may request a meeting with the Director of Human Resources, to discuss extenuating circumstances, such as workers compensation, causing the abandonment, within five (5) working days of the notice of abandonment of employment and voluntary resignation being mailed to the employee’s last known address.
  5. Upon reviewing the extenuating circumstances with the employee, the Director of Human Resources may determine that the employee’s circumstances warrant rescinding the abandonment voluntary resignation. However, the Director shall not be required to prove that the employee intended to abandon his/her employment in order to determine not to rescind the voluntary resignation.
  6. Legal Counsel or designee shall review the Director of Human Resources’ determination. Legal Counsel or designee may, at his/her discretion, request an additional meeting with the employee or additional information prior to deciding whether to uphold or reverse the Director of Human Resources’ determination.
  7. Employees who abandon their position have voluntarily resigned their employment and such resignation is not subject to the District’s Orderly Termination Procedures policy.

Exhibits

None

References

None

Forms

None

Document History

Revised – 9.18.2012.  Policy – 400.52 – Voluntary Employment Separation was revised to clarify that an employee who abandons his/her position has voluntarily resigned their employment, and are not subject to the District’s Orderly Termination Procedures Policy.
Additional regulations of this policy (2, 3, 4, and 5) provide other scenarios that also constitute a “voluntary separation of employment.”   These include:  

– employee exceeds the number of non-paid personal leave days;

– employee’s requests for non-paid personal leave is denied, or fails to request non-paid personal leave and employee absents himself/herself from employment;

– employee is absent for more than 120 work days; and

– medical separation for serious health conditions that exceeds 180 calendar days.       

Adopted – 6.11.2002

This online presentation is an electronic representation of the Canyons School District’s currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent located at 9361 South 300 East Sandy, UT 84070.

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Alta View Elementary

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